IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011700 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011700 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AC88-06070, 12 July 1989. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150011700 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged vice honorably discharged. 2. The applicant states, in effect, he is providing a new argument that was not previously considered. 3. The applicant provides his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC88-06070 on 12 July 1989. 2. As a new argument, the applicant states he served in the Army from 1977 to 1987 and was discharged in February 1987. In 1986, he was hospitalized at Brooke Army Medical Center. He was medically injured and hospitalized while serving on active duty and he should have been medically discharged. 3. The applicant enlisted in the Regular Army (RA) on 16 November 1977 and he held military occupational specialty (MOS) 76W (Petroleum Supply Specialist). On 25 May 1980, he reenlisted in the RA for a period of 3 years. On 28 February 1983, he reenlisted in the RA for a period of 4 years. His expiration of term of service (ETS) was 27 February 1987. On 1 July 1984, he was promoted to the rank/grade of sergeant (SGT)/E-5. 4. On 11 July 1985, he was assigned to Company A, 4th Main Support Battalion (MSB), Fort Polk, LA. 5. On 20 November 1985, he was assigned to the Noncommissioned Officer (NCO) Academy, 5th Infantry Division, Fort Polk, to attend the Primary Leadership Development Course (PLDC) from 20 November to 20 December 1985. On 9 December 1985, he was disenrolled from PLDC and returned to his unit. 6. The DA Form 1059 (Service School Academic Evaluation Report (AER)) he received for the period 20 November through 9 December 1985 stated, in part, that he: * failed to achieve course standards * received an "unsatisfactory" rating for leadership * demonstrated the inability to master tasks at sufficient speed to be capable of attaining course objectives on Introduction to Map Reading Part II after one test and two retests * may be allowed to attend the course again; however, it was encouraged that he improve his academic standing before returning 7. The applicant's medical records are not available for review with this case. However, his previous case stated a medical entry dated 4 March 1986 found the applicant had a prostate gland infection that had been ongoing for the previous 18 months. On 11 September 1986, he received a [temporary] physical profile for limited running and jumping based on a urethral stricture that had been surgically repaired. On 15 January 1987, the surgery clinic diagnosed his status as "normal, post-surgical." 8. His DA Form 2A (Personnel Qualification Record), dated 27 October 1986, shows his PULHES as 1-1-1-1-1-1. 9. On 8 January 1987, his immediate commander counseled him that he was recommending a Bar to Reenlistment Certificate be placed against him because of his poor performance, inability to handle his financial affairs, lack of discipline/motivation, and the inability to adjust to military life. The applicant elected not to make a statement in his own behalf. On 14 January 1987, the Bar to Reenlistment Certificate was approved by the appropriate authority and placed in his record. 10. He was honorably discharged from active duty on 27 February 1987 in the rank of SGT. His DD Form 214 shows in: * item 25 (Separation Authority) - Army Regulation 635-200 , Chapter 4 * item 28 (Narrative Reason for Separation) - Completion of Required Active Service 11. There is no evidence in his available record, and he did not provide any evidence, that shows while serving on active duty he was treated for, or diagnosed with, any medical condition/disorder that permanently prevented him from performing his assigned duties, was found to be unfitting, or required referral to a medical evaluation board (MEB) and/or physical evaluation board (PEB). 12. There is no evidence in his available record that shows while serving on active duty that he ever received a permanent profile of "3" that would require referral to an MEB/PEB. REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states: a. MEB/PEBs are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501(Standards of Medical Fitness), chapter 3. b. Under the laws governing the Physical Disability Evaluation System (PDES), Soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits. 2. Army Regulation 635-40 further states the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature/degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his/her office, rank, grade, or rating. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before that service member can be medically separated or retired. 3. The Army physical profile serial system is based primarily upon the function of body systems and their relation to military duties. The functions of the various organs, systems, and integral parts of the body are considered. An individual having a numeric designation of "1" under all factors is considered to possess a high level of medical fitness. A physical profile designator of "2" under any or all factors indicates an individual possesses some medical condition or physical defect that may require some activity limitations. A profile containing one or more numerical designations of "3" signifies the individual has one or more medical conditions that may require significant limitations. A permanent profile of "3" would require referral to an MEB. DISCUSSION: 1. Although the applicant may have received a temporary profile on 11 September 1986 based on a prior surgical repair, on 15 January 1987 his physical status was found to be normal. The mere presence of an impairment while serving on active duty does not justify a finding of unfitness because of physical disability. 2. There is no evidence in his available record, and he did not provide any evidence, that shows while he was serving on active duty he was diagnosed with any medical condition that permanently prevented him from performing his military duties and would require referral to an MEB/PEB or that he ever received a permanent profile of "3." 3. On 27 February 1987, his ETS date, he was appropriately honorably discharged by reason of completion of required service. There was no error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011700 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011700 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2